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Discovery not relevant or necessary in case concerning statutory interpretation
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Commercial Court refuses two categories of discovery in proceedings seeking the interpretation of a health statute, on the grounds that: 1) documents relating to the Department of Health’s interpretation of the section were not necessary as interpretation of the section in issue is a question of law; and 2) given that interrogatories are not pleadings, the second category sought was not relevant to the pleadings.
Commercial Court - High Court - Discovery - Practice and Procedure - Rules of Superior Courts - Order 31 - Discovery sought by Defendant - Health Act 1970 - HSE seeking a declaration in relation to the interpretation of Sections 55 and 52(3) Health Act 1970 – Whether a hospital can charge an insurer from the time of patient admission or from when Private Insurance Patient form is signed – discovery application – Insurer seeking documents from Department of Health to the HSE on the meaning and interpretation of Section 52 of the Health Act 1970 – category is sought to understand the views of the Department of Health of Section 52 – the trial judge will determine the interpretation of the section – question of law - not the opinion of third party - category not relevant or necessary – second category – query raised on interrogatories whether agreements or arrangements in place with other insurers - interrogatories are not part of the pleadings – no relevance to discovery application – pleadings do not refer to other private insurers – the interpretation of Section 52(3) not affected by agreements with other private insurers – categories not relevant or necessary – discovery refused.
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